Example sentences of "[modal v] be [vb pp] by the court " in BNC.
Next page| No | Sentence |
|---|---|
| 1 | Its principal avowed aim was to give legislative form to the decision , contrary to the recommendation of the Law Commission , 46 and thereby allow the parties in these ‘ tragic cases ’ the dignity of a decree of nullity so that , if thought fit , provision for ancillary relief could be made by the court , and the unsavoury examination of their sexuality , rendered necessary if the only recourse were a declaration of status , could be avoided . |
| 2 | The Court of Appeal in Jones v Sherwood ( cited at 13.6.1 ) also addressed the practical problem of how the alleged mistake could be rectified by the court . |
| 3 | Extra appointments could be financed by the court 's customers paying higher charges when cases were set down for trial . |
| 4 | No action could be taken by the court against the M.P.s . |
| 5 | Under section 6 the new civil remedies may be granted by the court on the application of the S.I.B . |
| 6 | Relief may be granted by the court , subject to the court imposing whatever conditions it may think fit — s. 146(2) ( see above ) . |
| 7 | If not the receiver may be appointed by the court . |
| 8 | The court has general powers to order a pleading or particulars to be filed and delivered and these may be exercised by the court on applications or , if the court wishes the issue to be defined , on the court 's own motion ( Ord 6 , r 7(1) , Ord 9 , r 11(2) and ( 3 ) and Ord 13 , r 2(1) and ( 2 ) ) . |
| 9 | The Official Solicitor is available to give advice to guardians ad litem involved in High Court proceedings and may be asked by the court to instruct counsel to appear as amicus curiae in any proceedings under the Act which give rise to an issue of general public importance . |
| 10 | Other conditions may be imposed by the court as it sees fit . |
| 11 | By s. 4 of the 1986 Act a disqualification order may be made by the court in the course of winding up a company , if it appears that the person : |
| 12 | An order to transfer may be made by the court on its own motion , or on the application of any party on not less than two clear days ' notice ( Ord 16 , r 4(1) ) . |
| 13 | Finally , the 1987 Act provides that where a minor has acquired property under a contract which is unenforceable against him , or which he has repudiated on the grounds of minority , he may be required by the court , when it thinks it ‘ just and equitable ’ to do so , to return the property , or else property representing that which he has acquired ( without prejudice to any other remedy available to the plaintiff ) . |
| 14 | Action may be required by the court itself , the court issuing a Letter of Request asking either a foreign court or another competent authority in the state of destination to assist in having the documents served ; this practice is particularly entrenched in Latin America . |
| 15 | Since 1869 imprisonment for debt has been rare , and by the Administration of justice Act 1970 it has been completely abolished , and replaced by the remedy of attachment of earnings , i.e. a procedure whereby a portion of the debtor 's earnings may be directed by the court to be paid direct to the creditor . |
| 16 | ‘ 2(1) Subject to subsection ( 3 ) below , in any proceedings for contribution under section 1 above the amount of the contribution recoverable from any person shall be such as may be found by the court to be just and equitable having regard to the extent of that person 's responsibility for the damage in question . |
| 17 | However , minor changes which would not have altered the views of a reasonable shareholder may be disregarded by the court ( see Re Minster Assets plc [ 1985 ] BCLC 200 ) . |
| 18 | A transfer may be ordered by the court of its own motion , on the application of the official receiver or on the application of an interested person ( r 7.11(5) ) . |
| 19 | An interim payment may be ordered by the court on application , but an order will only be made when it is clear that the defendant will be held liable at trial . |
| 20 | The book is not confined to the needs of the conveyancing practitioner , however ; it is thought that the divorce practitioner should also have knowledge of the different types of conveyance which may be ordered by the court or agreed between the parties and the points which should be taken into account at that time , the protective measures that might be taken before the conveyance is concluded and the documentation that may be required in dealing with life policies . |
| 21 | The powers of the interim receiver may be restricted by the court but , if they are not , then they are the same powers as the official receiver would have as receiver and manager ( in the period between the making of a bankruptcy order and the appointment of a trustee ) ( s 286(3) ) . |
| 22 | Clerical mistakes in judgments or Orders , or errors arising from an accidental slip or omission , may be corrected by the Court at any time ( Ord 15 , r 5 ) . |
| 23 | Whether a requirement to disclose an ensuing report prepared for the defendant would be upheld by the court as a valid condition for granting an examination in the first place is not clear from McGinley v Burke [ 1973 ] 1 WLR 990 . |
| 24 | There is , nowadays , little reason for the tenant to seek to incorporate an option to renew in his lease unless by reason of his bargaining strength he can secure that the rent payable under the new lease will be lower than that which would be fixed by the court on an application for a new tenancy under the 1954 Act . |
| 25 | Such an order would be reviewed by the court in the future . |
| 26 | Where liability is admitted , or it is acknowledged that liability is likely to be established , then it may be sensible to try and agree an interim payment because it will probably be possible to secure a lower sum in interim damages than would be awarded by the Court if matters were so to proceed . |
| 27 | The purpose of doing so is to attempt to obtain for the landlord a higher rent than would be awarded by the court on an application for an interim rent under s24A of the Landlord and Tenant Act 1954 . |
| 28 | Example 3:11 Option to renew ( 1 ) The tenant may by notice in writing served not less than six months before the date on which the term hereby granted is expressed to expire call upon the landlord for a further lease of the demised property ( " the further lease " ) provided that up to that date he has paid the rent and reasonably performed and observed his covenants ( 2 ) The further lease shall be for a term of ten years from the said date upon the same terms and conditions as this lease ( save as to rent and as to this option for renewal ) and at a rent to be agreed between the parties or in default of agreement to be determined by a single arbitrator to be appointed by the President for the time being of the Royal Institution of Chartered Surveyors ( 3 ) In determining the rent payable under the further lease the arbitrator shall have the same powers as would be enjoyed by the court determining a rent for the demised property under section 34 of the Landlord and Tenant Act 1954 and shall disregard the same matters as are therein specified ( 4 ) This option shall be of no effect if the tenant fails to register it as an estate contract within three months from the date of this lease Example 3:12 Option to renew contracted out tenancy If : ( 1 ) the tenant wishes to take a further tenancy of the demised property for a term of five years from the expiry date of the term hereby created ; and ( 2 ) the tenant gives written notice of his desire to the landlord not more than six nor less than three months before the expiry of the term ; and ( 3 ) up to the date of the notice the tenant has paid the rent and substantially performed his covenants ; and ( 4 ) the tenant joins with the landlord in making an application to the court for an order authorising the exclusion of the provisions of ss24-28 of the Landlord and Tenant Act 1954 in relation to the further tenancy ; and ( 5 ) the court makes such an order then the landlord shall let the demised property to the tenant for a term of five years from the expiry of the term hereby created at a rent to be agreed between the parties or in default of agreement to be determined by arbitration and otherwise upon the terms of this lease ( except this option for renewal ) Example 3:13 Clause negativing perpetual renewal Nothing in this clause shall entitle the tenant to renew the tenancy for any term expiring more than twenty years after the beginning of the term of this lease |
| 29 | ‘ No costs shall be allowed by the court on either side in connection with the hearing and determination of an appeal in any criminal cause or matter … |
| 30 | The remuneration of the interim receiver will be fixed by the court from time to time , taking into account the time spent , the complexity of the matter , the value and nature of the property , etc and will be paid either by the debtor ( if no bankruptcy order is made ) or out of the debtor 's assets as a charge upon them ( r6.56 ) . |